As Senators will be aware, the main provisions of this Bill were made known to the public in a White Paper published last year. Public reaction was strongly in support of the major proposals which have been embodied in the Bill. The problems with which the Bill sets out to grapple are first, that of road accidents, and second, the need to secure a more efficient use of our road system. Last year there were, in round figures, 300 fatal accidents and 4,000 accidents involving personal injury on our roads.
These are the cold statistics and we can readily conjure up the picture of domestic tragedies that in many cases lie behind them. In that perspective I am confident that I will have the full support of the House for the general principles underlying this Bill. At this point I might mention that in order to achieve the greatest possible degree of unanimity, the Bill as now presented to this House differs in a number of important respects from its original conception. I will refer in more detail to these changes later.
As a corollary to the passing of the Bill, it is hoped to make its provisions familiar to all road users by a well-planned programme of Road Safety propaganda. We will be looking to voluntary bodies for their continued co-operation in this field, and here I would like to pay a tribute to the work they have done in the past.
It would be a waste of time to pass this legislation if it were not to be properly enforced and I have got an assurance from the Minister for Justice that the Garda Siochána will act on that basis. Lest this statement might be misinterpreted let me add that the enactment of the Bill is not intended to herald an era of persecution for the motorist. The ordinary law-abiding motorist will have nothing to fear from this Bill. On the contrary quite a number of its provisions are aimed at reducing the difficulties under which at present he has to operate.
Above all, the provisions of the Bill will depend ultimately for their success on the degree of co-operation which the general public will be prepared to accord them and I would like to appeal particularly to parents and teachers to make sure that young children under their care will be fully instructed in the Rules of the Road. I feel sure that Senators will unanimously endorse and support this appeal.
Turning to the detailed provisions of the Bill, which is a comprehensive measure intended to replace the Road Traffic Act, 1933, and other enactments dealing with road traffic, it will be observed that Part 1 deals with the usual preliminary and general matters, such as citation, commencement, interpretation, regulations and repeals. Section 3 is important in that it is the section which gives the interpretation of certain phrases used throughout the Bill. Section 4 provides that Part VI of the Bill which deals with compulsory insurance, will not apply to vehicles owned by the State and similar categories of vehicles for which however the State accepts responsibility under Section 116. All other Parts of the Bill will of course apply to persons in the service of the State and to vehicles owned by the State.
Section 5 confers power on the Minister to make regulations and provides for the laying of every regulation made under the Bill before each House of the Oireachtas and for the annulment by either House of any such regulation by resolution passed within 21 sitting days. The Bill gives power to prescribe various details, largely technical or operational in character, by regulations. It is the intention that except in a very exceptional case where extreme urgency may demand a different course, there will be full consultation in advance with all bodies or organisations whose interests may be affected by a particular regulation. Section 6 prescribes the procedure to be followed by the Commissioner of the Garda Síochána in making bye-laws. These bye-laws are of two kinds namely, general bye-laws and local bye-laws. The general bye-laws would be those made under Section 86 or Section 88 of the Bill for the general regulation and control of traffic throughout the State or, for example, the control of queues at bus stops. The procedure is the same as under the 1933 Act, with one modification. Subsection (7) of Section 6 now provides that general bye-laws shall be laid before each House of the Oireachtas in the same way as Ministerial regulations. The local bye-laws are of local interest; in framing them the Commissioner is bound to consider any representations made to him by the elected representatives of the local authority concerned; before approving, modifying or refusing to approve of such bye-laws the Minister is also bound to consider the views of the local representatives. Section 7, 8, and 9 largely replace corresponding provisions in the 1933 Act, while Section 10 provides for repeals.
Before leaving Part 1, I should mention the question of owner liability. Under the 1933 Act the owner of a vehicle was liable for its insurance and also liable in respect of certain offences. Under the Bill, the owner continues to be liable for insurance and is also responsible for ensuring that a vehicle required to be tested under Section 18 has been so tested. In the case of certain requirements where it is only reasonable that the owner should be responsible, he is liable for consequential offences; examples are in Sections 11 and 54, which relate to the construction of vehicles and their condition. Finally, under Section 86 and 90 the registered owner of a vehicle is made liable for parking offences. Improper parking can cause serious economic loss to the community in various ways and it is practically impossible to prevent it unless the registered owner is made liable. It is only fair to require the registered owner to ensure that his vehicle does not cause traffic congestion and delays. In all cases suitable defences are available to the owner. I may say that the provisions I have mentioned were the subject of considerable debate in the Dáil and as a result were amended in several respects. These amendments provide further safeguards for the owner but do not defeat the overall purpose of the provisions.
Part II of the Bill enables the Minister to regulate the construction, equipment, use, lighting and weights of vehicles and contains provisions for a new scheme of vehicle testing. Section 11 enables regulations to be made in relation to the use of all classes of vehicles in public places. These regulations will deal with the dimensions of vehicles (including trailers), their brakes, steering, lights and reflectors. It will also enable the use of safety harness or crash helmets to be made compulsory if deemed necessary or particular areas to be declared silence zones at night-time. It will be clear that it is essential to have completely flexible powers to deal with all these details in view of changes that are constantly taking place in the design and equipment of all classes of vehicles as a result of research and study. A review of the existing regulations is being undertaken by my Department.
Sections 18 and 19 are the next sections which call for special comment. These sections envisage the introduction of a scheme of vehicle testing for which there is a considerable volume of support from the public. It is intended to apply the scheme, initially at least, to old vehicles and possibly to heavy goods vehicles. Experience may reveal that it would be desirable at a later stage, to extend the scheme to other classes. Flexible provision is available to enable the Minister for Local Government to decide on the authority to operate the scheme. The Bill will enable commercial garages to be used for testing if that is thought desirable. A choice will be made of the authority to use in the beginning and, if experience shows that a change is necessary, such change can be effected.
Section 20 is, to an extent, complementary to the provisions contained in Sections 18 and 19. It will enable the Garda Síochána to deal with vehicles having obvious defects which make their use on roads a danger to the public.
Part III of the Bill, which replaces Parts III and VI of the 1933 Act, deals with driving licences, driving and fitness tests, disqualifications and other allied matters. The most noteworthy features of this Part are the introduction of driving tests, fitness tests and provisional licences. Due to the introduction of testing arrangements it is necessary to provide in Section 22 that applications for driving licences may be confined to particular classes of vehicles. A person disqualified for a particular class, for example, because of age, fitness or an ancillary or special disqualification order, may not apply for a licence to drive that class of vehicle. If an applicant is of a class required to pass a driving test he must produce the appropriate evidence, a certificate of competency, with his application to show that he has passed the test. Section 23 obliges a licensing authority to issue a driving licence unless it appears that the applicant is disqualified or that he has not a satisfactory knowledge of the Rules of the Road. It will be possible to arrange for the issue of driving licences for, say, three-yearly periods if such an extension is deemed desirable. In this connection I should mention that it will also be possible to arrange for the adoption of a different form of driving licence from that used at present. This form could provide for the use of a photograph on the licence such as is used in other countries.
The introduction of driving tests, has received a general welcome. The necessary provisions are contained chiefly in Section 33. It is intended that in the beginning only new drivers will be required to pass the test which will consist of a test in competency to drive and in knowledge of the Rules of the Road. Persons convicted of certain offences, for example, dangerous or careless driving, may also be required to pass the test. I am now in a position to announce that after full consideration of all relevant factors, including in particular the need for uniformity and economy, it has been decided that the authority to deal with driving tests should be the Department of Local Government. The testing staff will be recruited through normal Civil Service channels. A close study has been made of the systems operating in some other countries and the advantage of being in a position to profit from their experience should facilitate the smooth working of the scheme.
Fitness tests are provided for in Section 34 and will apply in the beginning only to persons who suffer from particular disabilities, to persons driving particular classes of vehicles, such as buses, and to persons over a certain age. In addition the courts will have power to require persons to undergo fitness tests.
Section 26 provides for consequential disqualification for driving on conviction of certain offences which are clearly set out in the Second Schedule to the Bill. The disqualification relates to all mechanically propelled vehicles and must be imposed by the court where a person is convicted of any of the offences set out in the Schedule. It will be agreed that disqualification is a very effective way to help to eliminate road traffic offences. The offences which now appear in the Schedule are all of a very serious nature and I feel sure that there will be no quarrel with the proposal to impose disqualification in all these cases. The two most serious offences included in the list are those of driving while under the influence of drink and of dangerous driving causing death or serious bodily harm; these two offences are accordingly singled out for more severe treatment than all the other offences specified in that they both merit disqualification on commission of a first offence and the disqualification period is longer; the other offences listed only carry disqualification for a second or subsequent offence within any period of three years.
Section 27 deals with ancillary disqualification, that is, disqualification which may be imposed at the discretion of the court and Section 28 enables an officer of the Garda Síochana to apply to the court for a special disqualification order in respect of a person who is obviously unfit or incompetent to drive.
Section 29 enables a person to whom a consequential or ancillary disqualification order applies to apply to the court for its removal. As a corollary to this provision Section 124 of the Bill provides that disqualifications may no longer be remitted by the Minister for Justice under the Criminal Justice Act, 1951.
Part IV of the Bill contains provisions for speed limits in respect of mechanically propelled vehicles. The main item of interest here is the provision in Section 45 for a general speed limit of 30 m.p.h. for all vehicles on public roads in "built up areas", as defined in the section. There has been an incessant demand for a number of years for the introduction of a general speed limit such as is now proposed. If experience shows that the figure of 30 m.p.h. is too low—and doubts have been expressed in some quarters to that effect—the section contains power to increase it. It will be agreed, however, that it is more advisable to fix the limit on the low side and then if deemed desirable later to increase the limit, rather than to proceed on the reverse basis of setting the limit possibly too high and then bringing it down.
As a supplement to the provisions of Section 45, Section 46 enables special speed limits to be fixed for specified roads or specified areas on the application of the Garda Commissioner or the local authority concerned. It is anticipated that these powers will be availed of only in exceptional cases.
I should also mention that Section 44 in this Part will enable speed limits to be fixed for the whole country for particular types of vehicle. These limits are known as "ordinary speed limits".
Part V groups together a number of serious offences. Section 49 deals with the offence of driving while under the influence of drink or a drug. It provides that the penalty shall be imprisonment for a maximum period of six months, or, at the discretion of the court, a fine of £100 or both such imprisonment and such fine. In order to underline to the courts the serious view which is taken of this offence by the Legislature it will be noted that, contrary to normal practice, the penalty of imprisonment is first cited and that of a fine is cited as an alternative to be imposed as a penalty at the discretion of the court. My original intention was that imprisonment should be practically mandatory for this offence and that the court which convicted a person should be empowered to impose a fine only where it considered that there were special reasons for not imposing imprisonment. My personal view still is that this offence should in the normal course be punished with a term in prison. I have reluctantly accepted the less severe approach which appears in the Bill now before the House in the hope that such an approach will have the widest possible measure of support. In taking this decision I was also influenced by the fact that a Commission is to be set up to investigate and report on this entire question of drunk driving, including the use of objective tests of drunkenness. When the Commission has reported it will be possible to have another look at these provisions. I am sure that at least there will be no quarrel with the proposal that the Probation of Offenders Act shall not apply to offences under the section.
The provisions of Section 53 (2) (a) might be appropriately mentioned next. These provisions relate to the very serious offence of dangerous driving which causes death or serious bodily harm. In regard to this offence also I have modified my original proposal of mandatory imprisonment and have deferred to the view that the decision should be left to the discretion of the court. Here again, however, imprisonment is the punishment first mentioned in the section.
A new offence of dangerous parking appears in Section 55. The offence will apply to all vehicles since it will be clear, for example, that a detached trailer can on occasion cause a very serious traffic hazard. The more serious offence of dangerous parking of a vehicle unlit at night-time is emphasised by the heavier penalty laid down in the section.
In Part VI, dealing with compulsory insurance, there are a few changes to which I wish to refer. The basis of compulsory insurance is being changed to cover "use" of vehicles instead of "driving"; this will make it clear that stationary vehicles must be covered. Regulations under Section 65 will enable the Minister for Local Government to specify the classes of vehicles to which compulsory passenger cover will apply. My present intentions are to apply these regulations to all vehicles of the private-car and station-wagon type, in addition of course to public service vehicles to which this requirement already applies under the 1933 Act. Section 78 provides that new vehicle insurers, guarantors and exempted persons must become members of the Motor Insurers' Bureau or give the undertaking laid down in the section. Here I wish to record my appreciation of the valuable service given by the Bureau since it was established in 1955.
Part VII deals with the control and operation of public service vehicles. The setting up of Coras Iompair Éireann as a statutory transport body has made a significant change in conditions relating to public service vehicles compared with those prevailing when the 1933 Act was enacted. It is intended that public service vehicle licensing will not apply to C.I.E., nor will drivers and conductors employed by C.I.E. require to be licensed under this part of the Bill. It was originally proposed also to remove "hackneys" from the scope of public service vehicle licensing but at the request of the hackney owners and drivers themselves it has since been decided to continue the licensing of this type of vehicle.
Section 84 will enable the Commissioner of the Garda Síochána, as at present, to retain control over taxi stands by means of bye-laws made after consultation with the local authority concerned and with the consent of the Minister for Local Government. A new provision will enable the Commissioner to make temporary rules regulating taxi stands so that, for example, in the cities of Dublin and Cork, traffic control experiments can be facilitated. These powers should be considered in conjunction with similar powers being conferred under Sections 89 and 90 to deal with local traffic and parking bye-laws.
Sections 85 and 86 cover such matters as bus-stops and stands, the regulation of bus queues and the provision of bus shelters.
Part VIII deals with the regulation and control of traffic and parking. Points worthy of mention arise on a number of sections. Sections 88 and 89 deal respectively with the making of general bye-laws for the control of traffic and of local bye-laws for the control of traffic in particular areas. The powers conferred by these sections largely correspond to similar powers under the 1933 Act, but the opportunity is being taken to remedy some deficiencies in the earlier Act to enable modern traffic conditions to be dealt with adequately.
Section 90 will enable us to avail of modern methods of dealing with the parking problem, such as parking meters. Section 91 makes it clear that the Gardaí may take appropriate steps to control traffic on special occasions, such as processions. Section 97 enables the Garda Síochána to remove vehicles which are abandoned or cause obstruction and to recover the reasonable costs of removal and storage of same from the owner. Section 101 confers comprehensive powers on local authorities in the provision of, or in assisting private enterprise to provide, off-street car parks. I hope that this section will enable a worth-while contribution to be made to the relief of traffic congestion in the larger centres of population.
Part IX contains miscellaneous provisions, a number of which appeared in the 1933 Act and which have been improved where necessary.
A new provision appears in Section 103. It introduces a system which has been inaccurately described as "fines on the spot." It is emphasised that there will be no question of a fine being handed over "on the spot" to a member of the Garda Síochána. A notice will be given to the person concerned and a prescribed sum which will be set out in the notice may then be paid within a period of 21 days at a Garda Station or the person concerned may, entirely at his own discretion, decide to have the charge alleged against him determined by the court.
Another new provision is made in Section 120 which authorises local authorities to incur expenditure on road safety. It also enables Road Fund grants to be given for road safety purposes both to local authorities and to bodies, such as the Safety First Association, who are primarily concerned with that very laudable objective.
I have outlined what in my view are the features of this Bill worth specific mention. Without prolonging my speech unduly it would be impossible to give an exhaustive account of all the various provisions incorporated in a measure of this magnitude and scope. I will, however, be glad to supply any further information that Senators may wish to have or to clarify any points that Senators may feel require clarification.
I am confident that Senators will welcome this Bill and will be fully in agreement with the objectives which it is hoped will be achieved by its implementation. On this latter point let me conclude by saying that it is my wish and the wish of the Government that all its various provisions be brought into force as quickly as possible.
Business suspended at 6 p.m. and resumed at 7.15 p.m.